Are you signing a lease for a new apartment?
If you are not the only one moving in, then you’re probably wondering whether someone who isn’t on the lease can live with you.
Can Someone Live with You Without Being on the Lease?
Well, the simple answer is Yes, you can let someone who isn’t on the lease live with you in a rented unit.
However, depending on the duration of the person’s stay or your relationship with them, you may have to register them on the lease.
Let’s learn about this in further detail below!
If you’re moving into a new apartment with another person as your roommate, flat-mate, or co-tenant, they will have to sign the lease agreement along with you.
A single rented unit can have multiple tenants, all under legal obligations and rights. Each tenant will be liable to pay rent to the landlord.
If you have dependents like a child, partner, parents, etc., who will be living with you long-term, then you’ll have to put them on the lease as occupants.
When leasing an apartment, your landlord might inquire about the number of people who will be living with you.
If you’re moving in with dependents who will not be liable for the rent and other tenant responsibilities, then you can mention them in the lease as occupants. However, they are not required to sign the lease.
If someone is living with a tenant in a rented space for a fixed number of days, they are considered as “guests.”
The number of days usually ranges from 3 to 15 days. Hence, the guest can live with you without being on the lease.
Do children need to be on the lease?
As per US law, a child is someone under the age of 18. If you have a child or children who will be living with you in the rented space, they don’t need to be on the lease.
You can specify them as occupants, but there is no such legal requirement.
Some states have family protection laws that prohibit landlords from inquiring about children at the time of leasing a residential space.
Therefore, children should not be on the lease except for being listed as occupants. Persons listed as occupants are not liable for any financial responsibility as that of a tenant.
Moreover, the actions of an occupant can’t be used as grounds for the eviction of a tenant by the landlord.
What happens when your child turns 18 in a rented home?
Most standard lease agreements are 12 months long. If your child occupant turns 18 during the lease period, you don’t need to take any immediate action.
You can wait until the time of lease renewal to address this change. If you wish, you can add your child as a co-tenant during lease renewal.
Some landlords require you to do this so they can run background checks and keep a record of adult residents.
What if your adult child is dependent on you?
From the perspective of a landlord, an adult child must be listed on the new lease and should sign it as well.
When your child over 18 is on the lease, they become legally responsible for living by the rules and regulations of the rented space. Without legal responsibilities, a landlord can’t enforce rules as effectively as possible.
Moreover, as a parent, an adult shouldn’t entirely be your responsibility. Even if you’re paying the rent on your own, you should still put your adult child on the lease, so they live responsibly.
Plus, it will be much easier for a landlord to evict your child if they are living as a guest instead of living as a tenant.
Your adult child gets rights, along with the responsibilities that come with being a tenant.
Can your partner live with you without signing a lease?
If your boyfriend, girlfriend, or partner moves in with you, they can live as an occupant instead of being on the lease.
However, similar to the case of an adult child, it would be a far more responsible move to add your partner as a co-tenant.
This is especially more important if you’ll be dividing the cost of living. Moreover, a landlord or a partner can’t evict a person if they have signed on the lease as a co-tenant.
Does your roommate need to be on the lease?
If you are going to move into a new apartment with a roommate, you need to ensure that they also sign the lease.
If you get a roommate without them signing on the lease, you will be creating unnecessary problems for yourself. It’s always best to have everything sorted legally so you don’t find yourself in a difficult spot in the future.
Having a roommate as a co-tenant protects you from the liability for the damage caused by them. For instance, if your roommate, who isn’t a co-tenant, damages the property, your landlord will charge you for the loss.
The person signing the lease takes on the responsibility of rent, damages, and other utilities.
If your roommate is a co-tenant, you will also be free from the stress of having to pay the entire rent if your roommate doesn’t pay their share.
Why is a lease so important?
The lease offers legal protection for both the tenant and the landlord.
The lease sets the foundation for a system to resolve any future issues or changes. It lays out all the rights and obligations that you have under the agreement.
The lease determines whether all the occupants need to be listed on the lease or not. All the rent payers must also sign the lease as co-tenants to secure the rights and responsibilities of each individual.
Having occupants in your rented space only increases liability on yourself. Guests and occupants are not subjected to the same regulations and do not have the same rights.
That is why you should always consider adding long-term adult occupants as co-tenants to make it easier for everyone.
If you have any questions or concerns about your lease agreement or your rights and responsibilities as a tenant or an occupant, you can contact your local housing authority for guidance and assistance.
Are all tenants required to sign the lease?
The answer is yes. Anyone who is living in a rented apartment as a tenant must sign the lease.
Otherwise, they aren’t legally considered as tenants.
A person who lives in a rented space with a tenant without being on the lease is called an occupant. However, an occupant doesn’t have the rights of a tenant.
Can a tenant evict an occupant?
If you have allowed an occupant to live with you for some time, but now you want to kick them out, you can.
If the occupant is legally an adult and hasn’t signed the lease rental agreement, you have the authority to ask them to leave.
Also read: Can Landlords Do Random Inspections?
Yes, someone can live with you without being on the lease. There is no law that bars you from having people live with you.
Your children, partner, friends, etc., can live with you in a rented space as an occupant. However, they will not have the same rights as a tenant.
However, living somewhere without a lease can also expose you to some legal issues and potential conflicts with your landlord or co-tenants.
Moreover, you will be liable for any damages caused by the occupant. Therefore, if the occupant is over 18, you should always consider adding them as a co-tenant.
Other articles you may also like:
- Can Parents Sign Apartment Lease?
- Can a Landlord Refuse Rent Payment?
- Can You Break Your Apartment Lease Due to Bad Neighbors?
- How to Break a Lease on an Apartment
- What Happens To An Apartment Lease When Someone Dies?
- How Long Can a Visitor Stay in My Apartment?
- What Happens If You Move Out Before Lease Ends?
- Can Landlord Prevent Guests From My Apartment?